New South Wales Consolidated Acts

TECHNICAL AND FURTHER EDUCATION COMMISSION ACT 1990 - SECT 22E

22E Meaning of “misconduct”

(1) For the purposes of this Part, "misconduct" includes, but is not limited to, any of the following:

(a) a contravention of any provision of this Act or the regulations,

(b) engaging in, or having engaged in, any conduct that justifies the taking of disciplinary action,

(c) taking any detrimental action (within the meaning of the Protected Disclosures Act 1994 ) against a person that is substantially in reprisal for the person making a protected disclosure within the meaning of that Act,

(d) taking any action against a person that is substantially in reprisal for an internal disclosure made by that person.

(2) For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened:

(a) while the member of staff concerned was not on duty, or

(b) before the staff member was appointed to his or her position.

(3) In this section, "internal disclosure" means a disclosure made in good faith by a person regarding the alleged misconduct of another person.